paid parental leave

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave" to describe separate family leave available to either parent to care for small children. In some countries and jurisdictions, "family leave" also includes leave provided to care for ill family members. Often, the minimum benefits and eligibility requirements are stipulated by law.
Unpaid parental or family leave is provided when an employer is required to hold an employee's job while that employee is taking leave. Paid parental or family leave provides paid time off work to care for or make arrangements for the welfare of a child or dependent family member. The three most common models of funding are social insurance/social security (where employees, employers, or taxpayers in general contribute to a specific public fund), employer liability (where the employer must pay the employee for the length of leave), and mixed policies that combine both social security and employer liability.Parental leave has been available as a legal right and/or governmental program for many years, in one form or another. In 2014, the International Labour Organization reviewed parental leave policies in 185 countries and territories, and found that all countries except Papua New Guinea have laws mandating some form of parental leave. A different study showed that of 186 countries examined, 96% offered some pay to mothers during leave, but only 44% of those countries offered the same for fathers. The United States, Suriname, Papua New Guinea, and a few island countries in the Pacific Ocean are the only countries in the United Nations that do not require employers to provide paid time off for new parents.Private employers sometimes provide either or both unpaid and paid parental leave outside of or in addition to any legal mandate.

View More On
  1. H

    Paid Parental Leave Primary Carer

    Hi I am taking work paid parental leave later in the year. My work usually didnt give it to fathers but wording of the policy allowed me to take it and they agreed. They are requiring me to sign a stat declaration to say that I will be primary carer. But they are telling me that if my wife is...
  2. D

    VIC Paid Parental Leave Clawback

    Hi, My employer requires, as part of its paid parental leave policy, for employees to agree that if their employment ends within 18 months of returning from parental leave they will repay the total amount of parental leave payments made to them. Is such a clawback provision enforceable? Many...
  3. J

    QLD Am I Entitled to Paid Parental Leave?

    Hello, I have a baby due on June 7th. My employer has advised me that as a small business, she does not have to give me paid or unpaid leave or time off. There is no enterprise agreement in place for the industry I am in and no employment contract was signed when I started full time employment...
  4. B

    QLD Raising Sister's Baby - Claim Paid Parental Leave from Centrelink?

    I will be raising my sister's newborn baby as my own. Consent orders will be made once the baby is born and submitted to family law court in Brisbane. I work for Education QLD. They are offering me 14 weeks "special leave", not paid maternity leave as I don't fit in the "birth parent, adoption...
  5. B

    QLD Consent Orders and Statutory Declaration to Claim Paid Parental Leave?

    Hi, my sister and hubby is gifting me and my hubby a baby. Our baby is due May, 2016. Is this considered surrogacy even though not my egg and not hubby sperm? It's not adoption So what category does this fall into? Surely, there is a way I can claim paid parental leave from work. Centrelink...
  6. M

    Resigning before Returning to Work - Paid Parental Leave - Refunded?

    Background: I was working with the company since May 2010. I took 52 weeks maternity leave in October 2012. I received 9 weeks company-funded maternity paid leave on top of government's scheme. I asked for part time role in September 2013, no role available, advised to extend leave. I asked...